Supporting
Statement
for
a
Request
for
OMB
Review
under
the
Paperwork
Reduction
Act
1
IDENTIFICATION
OF
THE
INFORMATION
COLLECTION
1(
a)
Title
and
Number
of
the
Information
Collection
Title:
Notification
of
Chemical
Exports
­
TSCA
Section
12(
b)

EPA
ICR
No.:
0795.12
OMB
Control
No.:
2070­
0030
1(
b)
Short
Characterization
Section
12(
b)(
2)
of
the
Toxic
Substances
Control
Act
(
TSCA)
states,
in
part,
that
any
person
who
exports
or
intends
to
export
to
a
foreign
country
a
chemical
substance
or
mixture
for
which
submission
of
data
is
required
under
TSCA
section
4
or
5(
b),
or
for
which
a
rule,
action
or
order
has
been
proposed
or
promulgated
under
TSCA
section
5,
6,
or
7,
shall
notify
the
EPA
Administrator
of
such
export
or
intent
to
export.
The
Administrator
in
turn
will
notify
the
government
of
the
importing
country
of
EPA's
regulatory
action
with
respect
to
the
substance.

On
December
16,
1980,
EPA
promulgated
a
rule
implementing
TSCA
section
12(
b)
(
45
Fed.
Reg.
82844).
This
final
rule
requires
exporters
to
submit
an
annual
notice
for
each
country
to
which
a
chemical
subject
to
TSCA
section
12(
b)
requirements
is
exported.
To
reduce
the
notification
burden
on
industry
and
EPA
and
to
facilitate
foreign
governments'
review
of
export
notifications,
EPA
issued
a
final
rule
on
July
27,
1993
(
58
Fed.
Reg.
40238)
that
amended
the
December
16,
1980
rule.
The
amended
rule
allows
exporters
of
chemicals
subject
to
TSCA
section
4
test
rules
to
submit
a
one­
time
notice
to
EPA
for
the
export
of
a
TSCA
section
4
chemical
to
each
particular
country,
instead
of
providing
annual
notification.
This
final
rule
did
not
change
the
export
notification
requirements
for
chemical
substances
that
are
subject
to
sections
5,
6
and
7
of
TSCA.
These
rules
are
codified
at
40
CFR
Part
707,
Subpart
D.

The
export
notice
must
include
five
easily
ascertainable
items:
the
name
and
address
of
the
exporter,
the
name
of
the
chemical,
the
country
of
import,
the
date
of
export
or
intended
export,
and
the
section
of
TSCA
under
which
EPA
has
taken
action
(
section
4,
5,
6
or
7).
There
are
currently
over
1,000
substances
or
categories
of
substances
that
have
been
regulated
or
proposed
to
be
regulated
under
the
applicable
sections
of
TSCA.

In
an
effort
to
further
reduce
the
information
collection
burden
for
TSCA
section
12(
b)
export
notification,
OPPT
developed
and
made
available
to
the
public
on
its
website
in
2001
a
list
of
chemical
substances
subject
to
TSCA
section
12(
b)
export
notification
requirements
(
see
"
Current
List
of
Chemical
Substances
Subject
to
TSCA
Section12(
b)
Export
Notification
Requirements"
at:
http://
www.
epa.
gov/
opptintr/
chemtest/
main12b.
htm).
In
addition,
OPPT
made
available
in
2001
a
comprehensive
listing
of
the
"
sunset"
dates
for
chemical
substances
subject
to
TSCA
section
4
actions
(
i.
e.,
the
dates
on
which
the
TSCA
section
4
testing,
reimbursement,
and
­
2­
reporting
requirements
and/
or
TSCA
section
4­
triggered
TSCA
section
12(
b)
export
notification
requirements
have
terminated
("
sunset")
or
have
been
calculated
to
sunset)
(
see
"
Sunset
Date/
Status
of
TSCA
Section
4
Testing,
Reimbursement,
and
Reporting
Requirements
and
TSCA
Section
4­
Triggered
TSCA
Section
12(
b)
Export
Notification
Requirements"
at:
http://
www.
epa.
gov/
opptintr/
chemtest/
sunset.
htm).
EPA
believes
that
these
lists,
long
recommended
by
industry,
serve
as
useful
tools
to
assist
industry
in
complying
with
TSCA
and
have
resulted
in
an
overall
reduction
of
the
information
collection
burden.

1(
c)
Potential
Future
EPA
Actions
Affecting
this
Information
Collection
The
purpose
of
this
section
is
to
identify
EPA
actions
that
are
anticipated
to
occur
during
the
collection
period
that
could
affect
the
information
requirements
and
burden.
During
the
collection
period
covered
by
this
ICR
renewal,
a
number
of
actions
under
sections
4,
5,
and
6
of
TSCA
are
anticipated
that
will
trigger
export
notification
under
TSCA
section
12(
b).
Of
course,
should
any
of
these
anticipated
actions
impact
this
ICR,
EPA
will
follow
appropriate
procedures
to
amend
this
ICR,
as
appropriate.
The
major
action
that
may
affect
this
ICR
(
described
in
the
following
two
paragraphs)
is
a
rulemaking
to
revise
again
the
export
notification
requirements
codified
at
40
CFR
Part
707,
Subpart
D.

Despite
the
previous
Agency
efforts
in
1993
(
i.
e.,
amendments
to
the
1980
rule)
and
2001
(
i.
e.,
list
of
chemicals
subject
to
TSCA
section
12(
b)
and
list
of
"
sunset"
dates)
to
reduce
the
regulatory
burden
of
TSCA
section
12(
b),
EPA
and
OMB
are
aware
that
companies
subject
to
TSCA
12(
b)
export
notifications
continue
to
call
for
reform
given
their
concerns
about
the
overall
reporting
burden
and
the
practical
utility
of
the
notifications
to
receiving
countries,
and
in
light
of
the
pending
implementation
in
the
U.
S.
of
the
Rotterdam
Convention
on
Prior
Informed
Consent
(
PIC),
which
itself
includes
export
notification
requirements.

In
order
to
address
these
concerns,
and
additional
concerns
expressed
by
other
stakeholders,
EPA
agreed,
as
part
of
the
Terms
of
Clearance
for
OMB
approval
of
this
ICR
renewal
in
2003,
to
report
to
OMB
one
year
after
the
ICR
renewal
on
the
status
of
PIC
implementation
in
the
United
States.
The
status
report
submitted
to
OMB
by
the
Agency
in
August
2004
indicated
that
the
PIC
agreement
was
not
yet
in
force
in
the
United
States.
[
A
copy
of
this
status
report
is
included
as
Attachment
3.
(
The
availability
of
this
attachment
is
pending.)]
At
the
current
time,
the
PIC
agreement
is
still
not
in
force
in
the
United
States,
i.
e.,
the
status
is
essentially
the
same
as
in
August
2004.
EPA
also
agreed
as
part
of
the
Terms
of
Clearance
that,
if
the
PIC
agreement
was
not
yet
in
force
in
one
year,
EPA
would
take
stock
of
the
status
of
the
PIC
agreement
in
the
United
States
and,
if
appropriate,
develop
a
plan
of
action
for
considering
potential
changes
to
the
TSCA
section
12(
b)
regulation.
Since
U.
S.
ratification/
implementation
is
still
pending,
EPA
developed
and
is
now
implementing
an
action
plan
for
considering
potential
changes
to
the
TSCA
section12(
b)
export
notification
regulation
within
the
scope
of
existing
statutory
authority.
EPA
intends
to
issue
in
January
2006
a
proposed
rule
for
notice
and
comment
that
amends
the
TSCA
section
12(
b)
export
notification
requirements.
EPA
anticipates
that
this
rule,
when
promulgated
as
a
final
rule,
will
not
only
result
in
a
decrease
of
the
­
3­
information
collection
burden
for
TSCA
section
12(
b)
that
is
presented
in
this
ICR
but
will
also
enhance
the
practical
utility
of
the
notifications
to
receiving
countries.

2
NEED
FOR
AND
USE
OF
THE
COLLECTION
2(
a)
Need/
Authority
for
the
Collection
TSCA
section
12(
b)(
2)
requires
exporters
to
submit
a
notice
for
each
country
to
which
a
chemical
subject
to
TSCA
section
12(
b)
requirements
is
exported.
Specifically,
TSCA
section
12(
b)(
2)
states,
in
part,
that
any
person
who
exports
or
intends
to
export
to
a
foreign
country
a
chemical
substance
or
mixture
for
which
submission
of
data
is
required
under
TSCA
section
4
or
5(
b),
or
for
which
a
rule,
action
or
order
has
been
proposed
or
promulgated
under
TSCA
section
5,
6,
or
7,
shall
notify
the
EPA
Administrator
of
such
export
or
intent
to
export.
The
Administrator
in
turn
will
notify
the
government
of
the
importing
country
of
EPA's
regulatory
action
with
respect
to
the
substance.
See
Attachment
1
for
exact
language
of
TSCA
section
12(
b),
15
U.
S.
C.
2611(
b)(
2).

Regulations
implementing
the
statutory
mandate
in
TSCA
section12(
b)
appear
in
40
CFR
Part
707,
Subpart
D,
and
include
the
following
additional
provisions:

(
a)
No
notice
of
export
will
be
required
for
articles,
except
PCB
articles,
unless
the
Agency
so
requires
in
the
context
of
individual
TSCA
section
5,
6,
or
7
actions.

(
b)
Any
person
who
exports
or
intends
to
export
polychlorinated
biphenyls
(
PCBs)
or
PCB
articles,
for
any
purpose
other
than
disposal,
shall
notify
EPA
of
such
intent
or
exportation
under
TSCA
section
12(
b).
PCBs
and
PCB
articles
have
the
definitions
published
in
40
CFR
761.3.

(
c)
Any
person
who
would
be
prohibited
by
a
TSCA
section
5
or
6
regulation
from
exporting
a
chemical
substance
or
mixture,
but
who
is
granted
an
exemption
by
EPA
to
export
that
chemical
substance
or
mixture,
shall
notify
EPA
under
TSCA
section
12(
b)
of
such
intent
to
export
or
exportation.

(
d)
An
exporter
will
be
subject
to
possible
enforcement
action
(
including
penalties)
for
not
complying
with
the
applicable
provisions
of
TSCA
section
12(
b).

The
full
text
of
40
CFR
part
707
is
provided
in
Attachment
2.

2(
b)
Use/
Users
of
The
Data
As
required
by
TSCA
section
12(
b),
the
Administrator
will
use
the
information
collected
under
this
ICR
to
furnish
the
required
notice
to
the
government
of
the
importing
country.
The
­
4­
importing
country
typically
uses
the
information
provided
to
ensure
that
chemicals
imported
into
their
country
comply
with
their
laws
and
regulations.

3
NON­
DUPLICATION,
CONSULTATIONS,
AND
OTHER
COLLECTION
CRITERIA
3(
a)
Non­
Duplication
The
exporter
submits
one
notice
to
EPA.
There
is
no
duplication
of
this
mandate
or
collection
activity,
and
no
alternate
sources
for
the
Agency
to
obtain
the
information
necessary
to
satisfy
the
statutory
mandate.

The
Agency
carefully
considered
alternatives
to
imposing
a
notification
requirement
on
the
chemical
exporters,
but
no
alternate
sources
were
identified.
Prior
to
promulgating
the
TSCA
section
12(
b)
rule,
EPA
considered
the
possibility
of
using
export
data
gathered
by
the
Bureau
of
the
Census
in
lieu
of
imposing
notification
requirements
in
a
TSCA
section
12(
b)
rule.
However,
several
problems
with
the
Census
data
continue
to
make
such
an
approach
impractical.
These
problems
include,
among
others,
the
fact
that
Census
data
are
often
not
chemical­
specific;
Census
exempts
certain
shipments
and
exporters
that
are
not
exempt
from
TSCA
section
12(
b)
notifications;
and
Census
data
would
not
be
available
for
up
to
eight
weeks
following
export,
a
delay
that
would
prevent
EPA
from
providing
an
importing
government
the
timely
notice
required
by
TSCA
section
12(
b).

In
addition,
the
Agency's
activities
are
not
duplicative
of
any
other
agency's
actions.
Importing
countries
do
not
receive
such
notifications
from
any
other
sources.

3(
b)
Public
Notice
Required
Prior
to
ICR
Submission
to
OMB
Prior
to
submission
to
OMB,
this
ICR
will
be
made
available
to
the
public
for
comment
through
a
Federal
Register
notice.
The
public
will
have
60
days
to
provide
comments.
Any
comments
received
will
be
given
consideration
when
completing
the
supporting
statement
that
is
submitted
to
OMB.

3(
c)
Consultations
Prior
to
proposing
the
original
1980
guidance
for
the
submission
of
TSCA
section
12(
b)
notices,
EPA
held
informal
meetings
with
the
Manufacturing
Chemists
Association
(
now
the
American
Chemistry
Council),
and
with
representatives
of
the
Swedish,
Canadian
and
British
governments.
Comments
were
also
received
from
exporters,
environmental
groups
and
foreign
governments
during
the
public
comment
period
for
the
proposal.
Prior
to
issuance
of
the
final
amendments
to
the
export
notification
requirements
in
1993,
EPA
also
met
with
stakeholders
to
discuss
TSCA
section
12(
b)
requirements
and
the
possible
need
for
some
changes
to
the
1980
rule.
EPA
also
received
and
considered
comments
from
exporters,
environmental
groups
and
­
5­
foreign
governments
during
the
public
comment
period
for
the
proposed
amendments.
As
noted
in
Unit
1(
c),
EPA
intends
to
issue
in
January
2006
a
proposed
rule
for
notice
and
comment
that
amends
the
TSCA
section
12(
b)
export
notification
requirements;
EPA
will
carefully
consider
any
comments
received
on
this
proposed
rule.

Under
5
CFR
1320.8(
d)(
1),
OMB
requires
agencies
to
consult
with
potential
ICR
respondents
and
data
users
about
specific
aspects
of
an
ICR
before
submitting
a
renewal
of
that
ICR
to
OMB
for
review
and
approval.
In
accordance
with
this
regulation
and
based
on
OPPTS
Regulatory
Coordination
Staff
guidance,
EPA
will
solicit
comments
from
nine
potential
ICR
respondents
and
data
users
with
respect
to
the
renewal
of
this
ICR.

3(
d)
Effects
of
Less
Frequent
Collection
If
the
collection
of
information
was
conducted
less
frequently,
the
regulatory
requirements
would
not
be
met.

3(
e)
General
Guidelines
This
information
collection
is
necessary
to
implement
statutory
requirements
of
section
12(
b)
of
TSCA
and
is
consistent
with
the
requirements
of
5
CFR
1320.6.

3(
f)
Confidentiality
The
respondent
may
claim
all
or
part
of
a
notice
confidential.
EPA
will
disclose
information
that
is
covered
by
a
claim
of
confidentiality
only
to
the
extent
permitted
by,
and
in
accordance
with,
the
procedures
in
TSCA
and
40
CFR
Part
2.
However,
notwithstanding
any
claim
of
confidentiality,
the
foreign
government
of
the
importing
country
will
be
notified
of
the
export
of
the
substance(
s)
in
question.

3(
g)
Sensitive
Questions
This
section
is
not
applicable.
The
information
requested
is
not
sensitive
in
nature.

4
THE
INFORMATION
COLLECTED­­
AGENCY
ACTIVITIES,
COLLECTION
METHODOLOGY,
AND
INFORMATION
MANAGEMENT
4(
a)
Agency
Activities
The
activities
routinely
conducted
by
EPA
related
to
the
receipt
and
processing
of
TSCA
section
12(
b)
export
notices
include
the
following:

o
review
export
notices
for
compliance;
­
6­
o
respond
to
follow­
up
inquiries
from
foreign
governments;
o
consult
with
companies
on
complying
with
the
TSCA
section
12(
b)
rule;
o
act
as
liaison
between
foreign
governments
and
companies
to
seek
additional
information
on
exports;
o
log
in
notices
for
tracking/
reporting;
o
prepare
letters
with
supporting
documents
to
foreign
governments.

4(
b)
Collection
Methodology
and
Management
The
collection
methodology
is
event
based,
i.
e.,
the
respondent's
decision
to
export
a
chemical
subject
to
TSCA
section
12(
b).
With
the
exception
of
TSCA
section
4
chemicals,
an
exporter
must
submit,
on
an
annual
basis,
one
TSCA
section
12(
b)
notice
for
each
country
to
which
a
chemical
subject
to
TSCA
section
12(
b)
is
exported.
For
TSCA
section
4
chemicals,
an
exporter
must
only
submit
a
TSCA
section
12(
b)
notice
for
the
first
export
or
intended
export
to
a
particular
country.
The
TSCA
section
12(
b)
notice
must
be
postmarked
within
seven
days
after
the
respondent
accepts
a
definite
contractual
obligation
or
no
later
than
the
date
of
export.

TSCA
section
12(
b)
export
notifications
are
received
by
EPA's
Environmental
Assistance
Division
(
EAD)
in
OPPT.
The
contractor­
run
TSCA
Assistance
and
Information
Service
(
TAIS
B
also
known
as
the
TSCA
Hotline),
processes
all
of
the
TSCA
section
12(
b)
export
notifications
and
prepares
the
letters
and
related
materials
used
to
notify
appropriate
foreign
governments
of
the
export
of
the
specific
TSCA­
regulated
chemicals
to
their
country
in
accordance
with
the
mandate
in
TSCA
section
12(
b)
and
the
regulations
at
40
CFR
part
707,
Subpart
D.

The
following
is
a
brief
overview
of
the
Agency's
handling
and
tracking
process
for
these
notices:

1)
All
incoming
notices
are
received
in
OPPT's
Confidential
Business
Information
Center
(
CBIC),
which
is
managed
by
OPPT's
Information
Management
Division
(
IMD).

2)
The
CBIC
sends
the
information
to
appropriate
IMD
staff
to
determine
if
the
information
is
Confidential
Business
Information
(
CBI)
or
not.
IMD
then
sends
the
information
with
the
CBI
determination
back
to
the
CBIC.

3)
The
CBIC
sends
all
notifications
(
CBI
or
non­
CBI)
to
TAIS
for
processing.

4)
TAIS
records
the
company
and
chemical
information,
enters
it
into
the
database,
and
prepares
the
notification
letter
and
explanatory
materials
(
e.
g.,
Federal
Register
notice,
TSCA
section
5(
e)
consent
order).
For
CBI
packages,
TAIS
sends
the
CBI
packages
back
to
the
CBIC
and
the
CBIC
then
sends
the
notification
and
explanatory
information
to
the
embassy/
foreign
authority
of
the
country
to
which
the
subject
chemical
is
being
exported.
For
non­
CBI
packages,
TAIS
sends
the
notification
and
explanatory
information
to
the
embassy/
foreign
authority.
­
7­
5)
If
the
receiving
country
requests
further
information,
the
request
comes
directly
to
EAD.
EAD
sends
the
request
to
TAIS.
TAIS
obtains
and/
or
generates
the
needed
information,
and
sends
the
package
back
to
EAD
for
formal
signature
and
transmittal
to
the
requesting
country's
embassy
or
authority.

The
Export
Notification
Tracking
System
(
ENTS),
which
is
maintained
by
TAIS,
currently
houses
approximately
162,000
records,
dating
back
to
1989.
The
ENTS
database
is
modified
daily
with
new,
incoming
records
of
chemical
exports
to
foreign
countries.
Updates
also
incorporate
regulatory
changes
affecting
the
chemicals
that
are
subject
to
EPA's
TSCA
section
12(
b)
export
notification
rule
at
40
CFR
707.

EPA
is
continuing
to
explore
the
feasibility
of
developing
and
implementing
an
optional
electronic
data
reporting
system
for
the
ease
of
respondents,
which
could
result
in
a
significant
burden
reduction.
The
projected
reporting
system
is
designed
to
be
a
user­
friendly
interface
for
parties
engaged
in
reporting
under
TSCA
sections
4,
5,
8,
and
12(
b).
Thus,
the
submission
of
information
to
EPA
will
be
less
expensive,
faster,
and
more
efficient
once
this
technology
is
fully
applied.

4(
c)
Small
Entity
Flexibility
TSCA
section
12(
b)
does
not
exempt
small
businesses.
However,
most
reporting
has
been
by
large
companies,
because
they
do
most
of
the
exporting.
In
any
case,
the
burden
on
any
exporter
is
minimal,
because
it
should
take
no
more
than
one­
half
hour
to
prepare
a
TSCA
section
12(
b)
notice
and
mailing
costs
are
minimal.

4(
d)
Collection
Schedule
In
general,
there
are
basically
two
collection
schedules
related
to
the
TSCA
section
12(
b)
export
notification
requirements,
i.
e.,
a
one­
time
collection
and
an
annual
collection.
On
an
annual
basis,
excluding
TSCA
section
4
chemicals,
an
exporter
must
submit
only
one
TSCA
section
12(
b)
notice
for
each
country
to
which
a
chemical
subject
to
TSCA
section
12(
b)
is
exported.
For
TSCA
section
4
chemicals,
an
exporter
must
only
submit
one
TSCA
section
12(
b)
notice
for
the
first
export
or
intended
export
to
a
particular
country.

If
the
collection
of
information
was
conducted
less
frequently,
the
statutory
requirements
would
not
be
met.

5
THE
RESPONDENTS
AND
THE
INFORMATION
REQUESTED
5(
a)
Respondents/
NAICS
Codes
­
8­
Respondents
to
this
collection
are
exporters
of
chemical
substances,
which
are
mostly
chemicals
companies
classified
under
NAICS
Codes
325
and
32411.

5(
b)
Information
Requested
(
i)
Data
Items
Respondents
are
required
to
include
the
following
information
in
their
export
notification:

(
1)
the
name
and
address
of
the
exporter;
(
2)
the
name
of
the
chemical;
(
3)
the
country
of
import;
(
4)
the
date
of
export
or
intended
export;
and
(
5)
the
TSCA
section
4,
5,
6
or
7
action
that
triggers
the
notice.

(
ii)
Respondent
Activities
In
providing
the
required
TSCA
section
12(
b)
export
notification,
the
respondent
(
exporter)
is
likely
to
engage
in
the
following
activities:

(
1)
Compile
and
maintain
a
list
of
chemical
products
manufactured
by
the
company
that
are
also
subject
to
a
TSCA
section
4,
5,
6
or
7
action
(
e.
g.,
compare
list
of
their
chemicals
with
EPA's
list
of
TSCA
section
12(
b)
chemicals);

(
2)
Check
this
list
against
outgoing
orders
to
determine
if
a
product/
chemical
on
the
list
is
expected
to
be
exported
to
a
customer
outside
of
the
U.
S.;

(
3)
If
it
is,
identify
whether
a
TSCA
section
12(
b)
notice
is
required
(
e.
g.,
is
it
the
first
shipment
to
that
country
this
year?);
and
(
4)
If
product/
chemical
is
on
the
list
and
a
TSCA
section
12(
b)
notice
is
required,
complete
the
required
export
notice
and
forward
it
to
EPA
within
the
required
time
period.

6
ESTIMATING
THE
BURDEN
AND
COST
OF
THE
COLLECTION
The
purpose
of
this
analysis
is
to
determine
the
incremental
cost
to
industry
and
to
the
EPA
associated
with
export
reports
that
are
submitted
to
the
Agency
under
the
TSCA
section
12(
b)
reporting
requirements.

6(
a)
Estimating
the
Respondent
Burden
­
9­
The
burden
to
respondents
of
this
information
collection
activity
comprises
the
time
required
to
perform
the
steps
outlined
in
section
3
of
this
document.

Most
companies
comply
by
compiling
a
list
of
products
exported
by
the
company
that
are
subject
to
TSCA
section
12(
b)
reporting.
Each
outgoing
order
is
checked
to
see
if
the
chemical
or
product
is
on
the
list
and,
depending
on
the
chemical,
whether
it
is
the
first
shipment
to
the
importing
country
or
the
first
shipment
of
the
calendar
year
to
that
country.
If
so,
a
completed
form
letter
is
sent
to
EPA.
In
most
cases
the
entire
process
is
computerized.

Compile
List.
Since
this
information
collection
activity
has
been
in
place
for
twenty
years,
most
respondents
will
have
already
developed
a
list
of
their
products
subject
to
TSCA
section
12(
b)
reporting.
Respondents
need
only
check
for
new
regulations
promulgated
and
any
new
products
exported
by
the
company.
Updating
the
list
is
estimated
to
take
an
average
of
one
hour
of
technical
time
(
which
may
also
include
some
proportion
of
legal
time).
This
could
vary
depending
on
the
number
of
products
from
two
hours
per
year
up
to
two
hours
per
month
of
technical
time
(
which
may
also
include
some
proportion
of
legal
time).
This
will
vary
depending
on
the
number
of
products
exported
by
the
company
and
the
number
of
their
products
subject
to
TSCA
section
12(
b).

The
number
of
submitters
per
year
who
report
under
TSCA
section
12(
b)
has
varied
over
time,
rising
from
around
160
in
1991
to
over
460
in
2000,
and
declining
slightly
since.
Based
on
this
trend,
we
estimate
that
there
will
be
an
increase
in
the
number
of
submitters
to
around
350
in
the
near­
future
years.
This
is
a
decrease
from
the
previous
ICR
estimate
of
500
submitters.
Of
these
350
submitters,
we
estimate
that
250
companies
are
near
the
lower
estimate
of
2
hours
per
year,
and
100
companies
are
near
the
upper
estimate
of
24
hours
per
year.
The
previous
ICR
estimated
400
firms
near
the
2­
hour
estimate.
Compiling
the
list
for
all
respondents
is
estimated
to
take
2,900
hours
(
2
hours
x
250
firms
plus
24
hours
x
100
firms),
or
an
average
of
8.3
hours
per
firm.
Around
100
of
these
companies
will
be
filing
notices
under
TSCA
Section
12(
b)
for
the
first
time
and
thus
could
be
incurring
the
higher­
end
costs
for
this
task.

Write
or
Revise
Letter.
Companies
that
export
chemicals
subject
to
TSCA
section
12(
b)
reporting
must
prepare
an
export
notice
to
send
to
EPA.
Time
for
initial
preparation
of
the
export
notice
probably
varies
depending
on
whether
the
company
has
prior
experience
with
this
program,
but
this
step
is
estimated
to
take
an
average
of
one
hour
of
technical
time
(
which
may
also
include
some
proportion
of
legal
time)
per
year
for
each
company
subject
to
TSCA
section
12(
b)
reporting.
Many
of
the
notifications
received
by
EPA
are
for
repeat
submissions
from
a
company.
Most
of
the
repeat
submissions
received
by
the
Agency
are
computer
generated
form
letters,
and
it
is
assumed
that
no
additional
time
is
required
to
prepare
letters
for
repeat
submissions.
Thus
we
estimate
a
total
of
350
hours
(
1
hour
x
350
firms
=
350
hours)
per
year
in
letter
writing
or
revising.

Checking
Orders
and
Send
Notices.
The
350
companies
that
export
chemicals
subject
to
TSCA
section
12(
b)
reporting
must
check
outgoing
shipments
against
the
list
of
their
products
­
10­
described
above.
Where
the
shipment
is
for
a
TSCA
section
12(
b)
chemical
and,
depending
on
the
chemical,
if
it
is
the
first
shipment
to
the
importing
country
or
the
first
shipment
of
the
calendar
year
to
that
country,
a
form
letter
notifying
EPA
is
printed
out.
This
whole
process
is
estimated
to
take
an
average
one
half
hour
of
clerical
time
per
notice.

The
annual
number
of
submitted
notices
has
varied
substantially
over
time,
but
without
any
obvious
trend.
The
number
has
been
consistently
in
the
range
of
4,000
to
12,000
submissions,
with
a
peak
of
over
11,600
in
2000,
and
with
more
recent
years
being
slightly
lower.
EPA
therefore
estimates
that
the
number
of
notices
in
near­
future
years
will
average
about
8,600.
This
is
an
increase
from
the
previous
ICR
estimate
of
7,500
notices.
For
350
firms,
that
indicates
an
average
of
roughly
25
notices
per
year
firm.
Total
time
will
be
4,300
hours
(
8,600
x
.5
hour
each).

TABLE
1:
ANNUAL
AVERAGE
BURDEN
PER
RESPONDENT
FACILITY
BURDEN
HOURS
ACTIVITY
TECHNICAL
CLERICAL
TOTAL
Compile
list
8.3
­
8.3
Write
letter
1
­
1
Check
order
and
send
notice
­
12.5
12.5
Total
9.3
12.5
21.8
TABLE
2:
ANNUAL
AGGREGATE
BURDEN
BURDEN
HOURS
ACTIVITY
TECHNICAL
CLERICAL
TOTAL
Compile
list
2,900
­
2,900
Write
letter
350
­
350
Check
order
and
send
notice
­
4,300
4,300
Total
3,250
4,300
7,550
Average
burden
hours
per
notice
0.378
0.5
0.878
It
is
estimated
that
the
annual
number
of
notices
to
be
submitted
for
2006
to
2008
will
be
8,600.
Estimating
that
the
number
of
respondents
will
be
350,
the
average
number
of
notices
submitted
per
respondent
will
be
roughly
25.
The
previous
ICR
estimated
15
notices
per
respondent
(
7,500/
500).
1
Labor
rates
are
unpublished
December
2004
data
from
BLS
for
all
manufacturing
industries.
The
estimates
include
fringe
benefits
and
17%
overhead.

­
11­
6(
b)
Estimating
the
Respondent
Cost
The
costs
to
respondents
is
based
on
the
time
needed
to
complete
the
tasks
listed
in
section
3,
the
hourly
cost
of
labor
at
appropriate
levels
(
labor
rates),
the
number
of
facilities
affected,
and
the
number
of
reports
generated.
There
are
also
costs
for
mailing.
There
are
no
specific
capital
or
overhead
costs
associated
directly
with
this
information
collection
activity.

Loaded
labor
rates,
including
fringe
costs,
are
$
58.45
for
management
time,
$
49.72
for
technical
time,
and
$
26.10
for
clerical
time.
These
labor
rates
are
lower
than
previous
estimates
used,
and
result
from
the
decision
to
adhere
more
closely
to
the
latest
Bureau
of
Labor
Statistics
(
BLS)
data.
1
Companies
will
also
incur
a
cost
of
$
9.62
per
export
notice
to
send
the
letter
to
EPA
via
registered
mail
($
7.50
for
registered
mail,
$
1.75
for
a
return
receipt,
and
$
0.37
postage).
Aggregate
annual
costs
for
mailing
will
be
$
82,732
($
9.62
x
8,600).

TABLE
3:
ANNUAL
COST
PER
RESPONDENT
FACILITY
(
WITH
25
NOTICES)

ANNUAL
COST
ACTIVITY
TECHNICAL
CLERICAL
TOTAL
Compile
list
$
412.68
­
$
412.68
Write
letter
$
49.72
­
$
49.72
Check
order
and
send
notice
­
$
326.25
$
326.25
Mailing
cost
$
240.50
Total
$
462.40
$
326.25
$
1,029.15
TABLE
4:
ANNUAL
AGGREGATE
RESPONDENT
COST
ANNUAL
COST
ACTIVITY
TECHNICAL
$
49.72/
hr
CLERICAL
$
26.10/
hr
TOTAL
PRESENT
VALUE*

Compile
list
$
169,766
­
$
169,766
$
476,706
Write
letter
$
17,402
­
$
17,402
$
48,865
­
12­
Check
order
and
send
notice
­
$
112,230
$
112,230
$
315,144
Mailing
cost
­
­
$
82,732
$
232,313
Total
$
187,168
$
112,230
$
382,130
$
1,073,028
*
Present
value
for
3
years
at
a
7%
discount
rate.
­
13­
6(
c)
Federal
Government
Burden
and
Cost
Agency
unit
costs
are
based
on
past
TSCA
section
12(
b)
analyses,
including
the
previous
ICR,
and
on
recent
contacts
with
the
Environmental
Assistance
Division
(
EAD)
and
with
an
EPA
contractor's
office.
EPA's
cost
estimates
are
based
on
past
experience
with
these
activities.
The
Agency
cost
can
be
divided
into
three
parts:
receiving
and
processing
incoming
notices,
preparing
and
mailing
notifications
to
importing
countries,
and
responding
to
requests
for
information
and
clarification
from
companies
and
importing
countries.
The
allocation
of
burden
hours
and
costs
among
these
three
parts
is
not
exact,
but
the
analysis
below
is
reasonably
accurate
in
terms
of
the
overall
burden
estimate
and
the
approximate
allocation
of
that
burden
among
these
tasks.

In
the
first
task,
notices
are
received
from
firms
that
intend
to
export
a
product
covered
by
this
rule,
the
forms
are
checked
for
completeness,
and
the
submissions
are
logged
into
a
document
control
system.
Based
on
conversations
with
the
workers
responsible
for
this
task,
about
ten
submissions
can
be
processed
per
hour.
EPA
projects
that
an
average
of
8,600
submissions
will
be
received
per
year
over
the
period
covered
by
this
ICR,
requiring
approximately
885
hours
of
contractor
support.
This
work
is
currently
done
by
contractor
staff
with
a
fully­
loaded
cost
to
EPA
of
approximately
$
85.00
per
hour
and
thus
is
projected
to
cost
$
75,225
per
year
over
the
period
of
this
ICR.

In
the
second
task,
workers
prepare
letters
of
notification
that
are
subsequently
reviewed
and
sent
out
to
importing
countries.
Not
all
notices
submitted
require
that
a
notification
be
sent
out.
Based
on
conversations
with
EPA
and
contractor
employees,
this
work
varies
considerably
depending
on
the
circumstances
of
any
particular
chemical,
but
averages
approximately
30
minutes
per
notification.
Recent
experience
has
been
approximately
1,600
notifications
per
year.
Assuming
a
similar
rate
in
the
future
would
project
a
total
of
approximately
800
hours.
This
work
is
currently
done
by
contractor
staff
with
a
fully­
loaded
cost
to
EPA
of
approximately
$
85.00
per
hour
and
thus
is
projected
to
cost
$
68,000
per
year
over
the
period
of
this
ICR.

The
cost
of
mailing
a
notifications
can
vary
from
$
2.00
to
$
15.00,
depending
on
whether
it
is
sent
to
an
embassy
in
the
US
or
to
an
overseas
destination,
and
depending
on
whether
the
notice
is
registered.
Mailing
cost
was
estimated
in
1998
to
average
approximately
$
4.50
per
notification,
but
postal
rates
have
subsequently
increased.
Assuming
a
generous
50%
increase
in
postal
rates,
we
projected
an
average
mailing
cost
of
$
6.75
and
a
total
annual
mailing
cost
of
$
10,800
($
6.75*
1,600).

The
burden
described
above
covers
the
routine
tasks
of
handing
both
incoming
notices
and
outgoing
notifications.
The
totals
above
also
include
a
certain
amount
of
time
spent
responding
to
routine
requests
for
information,
since
data
are
not
available
to
separate
this
out
from
the
other
tasks.
Based
on
conversations
with
EAD
staff,
the
work
of
responding
to
non­
routine
requests
for
information
and
clarification
from
industry
and
importing
countries,
assisting
the
contractor
staff
in
handling
non­
routine
issues,
and
handling
other
tasks
associated
with
the
TSCA
section
12(
b)
program
can
be
expected
to
require
about
20%
of
the
time
of
a
GS­
13
EPA
employee,
or
­
14­
roughly
400
hours
per
year.
Following
the
2005
federal
employee
wage
scale,
and
assuming
an
additional
60%
to
cover
fringe
benefits
etc.,
that
represents
an
annual
cost
of
approximately
$
24,000.

TABLE
5:
ESTIMATED
COSTS
FOR
THE
FEDERAL
GOVERNMENT
ANNUAL
COST
PRESENT
VALUE
*

Processing
of
notices
from
companies
$
75,225
$
211,233
Processing
of
notifications
to
importing
countries
$
68,000
$
190,945
EPA
staff
time,
responding
to
information
requests,
etc.
$
24,000
$
67,392
Mailing
cost
of
notifications
$
10,800
$
30,327
Total
$
178,025
$
499,897
*
Present
value
calculated
for
3
years
at
a
7%
discount
rate.

6(
d)
Total
Burden
and
Costs
to
Industry
The
total
estimated
industry
burden
associated
with
this
collection,
as
noted
in
Table
2,
is
estimated
to
be
7,550
hours
annually.
The
associated
cost,
as
noted
in
Table
4,
is
estimated
to
be
$
382,130
annually.

6(
e)
Bottom
Line
Burden
Hours
and
Cost
Tables
(
i)
Respondent
Tally
Annual
Respondent
Burden:
7,550
hours.

Annual
Respondent
Costs:
$
382,130.

(
ii)
The
Agency
Tally
Annual
Agency
Costs:
$
178,025.

6(
f)
Reasons
for
Change
in
Burden
There
is
a
slight
increase
of
100
hours
(
from
7,450
hours
to
7,550
hours)
in
the
total
estimated
respondent
burden
compared
with
that
identified
in
the
information
collection
most
­
15­
recently
approved
by
OMB.
This
increase
represents
the
net
effect
of
an
increase
in
the
estimated
number
of
notices
sent
to
EPA
and
a
decrease
in
the
number
of
firms
sending
notices,
based
on
EPA's
recent
experience
with
TSCA
section
12(
b)
notices.
There
is
also
a
reduction
in
labor
wage
rates.
The
change
in
wage
rates
reflects
a
decision
to
adhere
more
closely
to
data
from
BLS.

The
costs
to
the
federal
government
have
also
increased
due
to
rising
labor
costs.

6(
g)
Burden
Statement
The
annual
public
burden
for
this
collection
of
information,
which
is
approved
under
OMB
Control
No.
2070­
0030,
is
estimated
to
be
0.878
hours
per
response.
According
to
the
Paperwork
Reduction
Act,
"
burden"
means
the
total
time,
effort,
or
financial
resources
expended
by
persons
to
generate,
maintain,
retain,
or
disclose
or
provide
information
to
or
for
a
federal
agency.
For
this
collection
it
includes
the
time
needed
to
review
instructions;
develop,
acquire,
install
and
utilize
technology
and
systems
for
the
purposes
of
collecting,
validating,
and
verifying
information,
processing
and
maintaining
information,
and
disclosing
and
providing
information;
adjust
the
existing
ways
to
comply
with
any
previously
applicable
instructions
and
requirements;
train
personnel
to
be
able
to
respond
to
a
collection
of
information;
search
data
sources;
complete
and
review
the
collection
of
information
;
and
transmit
or
otherwise
disclose
the
information.
An
agency
may
not
conduct
or
sponsor,
and
a
person
is
not
required
to
respond
to,
a
collection
of
information
unless
it
displays
a
currently
valid
OMB
control
number.
The
OMB
control
number
for
this
information
collection
appears
above.
In
addition,
the
OMB
control
numbers
for
EPA's
regulation,
after
initial
display
in
the
final
rule,
are
listed
in
40
CFR
part
9.

To
comment
on
the
Agency's
need
for
this
information,
the
accuracy
of
the
provided
burden
estimates,
and
any
suggested
methods
for
minimizing
respondent
burden,
including
the
use
of
automated
collection
techniques,
EPA
has
established
a
public
docket
for
this
ICR
under
Docket
ID
No.
OPPT­
2005­
0050,
which
is
available
for
public
viewing
at
the
EPA
Docket
Center
(
EPA/
DC),
EPA
West,
Room
B102,
1301
Constitution
Ave.,
NW,
Washington,
DC.
The
EPA
Docket
Center
Public
Reading
Room
is
open
from
8:
30
a.
m.
to
4:
30
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
telephone
number
for
the
Reading
Room
is
(
202)
566­
1744,
and
the
telephone
number
for
the
Pollution
Prevention
and
Toxics
Docket
is
(
202)
566­
0280.
An
electronic
version
of
the
public
docket
is
available
through
EDOCKET
at
http://
www.
epa.
gov/
edocket.
Use
EDOCKET
to
submit
or
view
public
comments,
access
the
index
listing
of
the
contents
of
the
public
docket,
and
to
access
those
documents
in
the
public
docket
that
are
available
electronically.
Once
in
the
system,
select
"
search,"
then
key
in
the
docket
ID
number
identified
above.
Also,
you
can
send
comments
to
the
Office
of
Information
and
Regulatory
Affairs,
Office
of
Management
and
Budget,
725
17th
Street,
NW,
Washington,
DC
20503,
Attention:
Desk
Office
for
EPA.
Please
include
the
EPA
Docket
ID
No.
OPPT­
2005­
0050
and
OMB
Control
No.
2070­
0030
in
any
correspondence.
­
16­
ATTACHMENTS:

[
NOTE:
Unless
otherwise
noted,
an
electronic
copy
of
the
attachment
is
available
in
the
electronic
version
of
the
public
docket
available
through
EDOCKET
at
http://
www.
epa.
gov/
edocket.
Once
in
the
system,
select
"
quick
search,"
then
indicate
that
you'd
like
to
search
by
Docket
and
key
in
the
following
docket
ID
number:
OPPT­
2005­
0000.
Search
the
docket
index
for
the
document
by
the
title
provided
below.
If
you
have
any
difficulties,
please
contact
the
technical
person
listed
in
the
Federal
Register
notice
announcing
the
submission
of
this
ICR
to
OMB
for
review
and
approval.]

Attachment
Document
#
1
Toxic
Substances
Control
Act,
Section
12(
b)
­
15
U.
S.
C.
2611(
b)(
2)
[
The
electronic
copy
for
this
attachment
is
available
as
part
of
the
electronic
copy
of
the
ICR's
Supporting
Statement.]

#
2
Chemical
Imports
and
Exports,
40
CFR
707,
Subpart
D
[
The
electronic
copy
for
this
attachment
is
available
as
part
of
the
electronic
copy
of
the
ICR's
Supporting
Statement.]

#
3
Status
Report
under
the
Terms
of
Clearance
for
the
EPA
ICR
entitled
"
Notification
of
Chemical
Exports
Under
TSCA
section12(
b)"
(
EPA
ICR
No.
0795.11;
OMB
Control
No.
2070­
0030).
August
31,
2004.
[
The
availability
of
this
attachment
is
pending.]
ATTACHMENT
1
The
Statute:
Toxic
Substances
Control
Act,
Section
12(
b)
15
U.
S.
C.
2611(
b)(
2)

[
The
electronic
copy
for
this
attachment
is
available
as
part
of
the
electronic
copy
of
the
ICR's
Supporting
Statement.]
Sec.
2611.
­
Exports
*
*
*

(
b)
Notice
(
5)
If
any
person
exports
or
intends
to
export
to
a
foreign
country
a
chemical
substance
or
mixture
for
which
the
submission
of
data
is
required
under
section
2603
or
2604(
b)
of
this
title,
such
person
shall
notify
the
Administrator
of
such
exportation
or
intent
to
export
and
the
Administrator
shall
furnish
to
the
government
of
such
country
notice
of
the
availability
of
the
data
submitted
to
the
Administrator
under
such
section
for
such
substance
or
mixture.

(
6)
If
any
person
exports
or
intends
to
export
to
a
foreign
country
a
chemical
substance
or
mixture
for
which
an
order
has
been
issued
under
section
2604
of
this
title
or
a
rule
has
been
proposed
or
promulgated
under
section
2604
or
2605
of
this
title,
or
with
respect
to
which
an
action
is
pending,
or
relief
has
been
granted
under
section
2604
or
2606
of
this
title,
such
person
shall
notify
the
Administrator
of
such
exportation
or
intent
to
export
and
the
Administrator
shall
furnish
to
the
government
of
such
country
notice
of
such
rule,
order,
action,
or
relief
ATTACHMENT
2
Chemical
Imports
and
Exports
40
CFR
707,
Subpart
D
[
The
electronic
copy
for
this
attachment
is
available
as
part
of
the
electronic
copy
of
the
ICR's
Supporting
Statement.]
Code
of
Federal
Regulations
­
40
CFR
part
707
(
As
of
July
1,
2000)

TITLE
40­­
PROTECTION
OF
ENVIRONMENT
CHAPTER
I­­
ENVIRONMENTAL
PROTECTION
AGENCY
(
CONTINUED)

PART
707
­
CHEMICAL
IMPORTS
AND
EXPORTS
§
707.20
Chemical
substances
import
policy.

(
a)
Scope.
(
1)
This
statement
addresses
the
policy
of
the
Environmental
Protection
Agency
(
EPA)
on
importation
of
chemical
substances,
mixtures,
and
articles
under
section
13
of
the
Toxic
Substances
Control
Act
(
TSCA;
15
U.
S.
C.
2601
et
seq.).
In
particular,
it
addresses
aspects
of
the
regulation
promulgated
by
the
United
States
Customs
Service
(
Customs),
Department
of
the
Treasury
(
19
CFR
12.118
through
12.127,
and
127.28
[
amended])
to
implement
section
13
of
TSCA,
15
U.
S.
C.
2612.
Section
13
requires
the
Secretary
of
the
Treasury
to
refuse
entry
into
the
Customs
territory
of
the
United
States
of
a
chemical
substance,
mixture,
or
article
if
it
does
not
comply
with
rules
in
effect
under
TSCA,
or
if
it
is
offered
for
entry
in
violation
of
TSCA
or
rules
or
orders
under
TSCA.

(
2)
In
addition
to
this
statement
of
policy,
EPA
will
continue,
as
necessary,
to
address
problems
associated
with
imports
in
rulemaking
and
other
actions
under
individual
sections
of
TSCA,
i.
e.,
sections
4,
5,
6,
7,
8,
and
12.
Sections
5,
6,
and
7
apply
directly
to
imports
subject
to
the
section
13
requirements.
Section
12
may
apply
to
export
of
a
shipment
that
is
refused
entry
under
section
13.
Importers
may
have
obligations
under
sections
4
and
8;
section
4
and
8
requirements
for
importers
would
not
apply
to
individual
chemical
shipments
and
thus
are
not
included
under
section
13
requirements.
Interested
persons
should
refer
to
the
records
of
these
individual
rulemaking
actions
for
specific
information
and
guidance.

(
b)
Objectives.
(
1)
TSCA
is
intended
to
be
comprehensive,
and
assure
protection
of
health
and
the
environment
from
unreasonable
risks
associated
with
chemicals
whether
the
chemicals
are
imported
or
produced
domestically.
This
intent
is
manifested
by
the
inclusion
of
importation
in
the
Act's
definition
of
the
term
"
manufacture":
"[
M]
anufacture
means
to
import
*
*
*,
produce,
or
manufacture"
(
15
U.
S.
C.
2602(
7)).
Thus,
importers
are
responsible
for
insuring
that
chemical
importation
complies
with
TSCA
just
as
domestic
manufacturers
are
responsible
for
insuring
that
chemical
manufacture
complies
with
TSCA.

(
2)(
i)
The
section
13
rule
requires
importers
to
sign
the
following
statement
for
each
import
of
chemical
substances
subject
to
TSCA:
"
I
certify
that
all
chemical
substances
in
this
shipment
comply
with
all
applicable
rules
or
orders
under
TSCA
and
that
I
am
not
offering
a
chemical
substance
for
entry
in
violation
of
TSCA
or
any
applicable
rule
or
order
under
TSCA."
The
certification
will
document
that,
in
accordance
with
TSCA,
the
importer
has
taken
the
necessary
steps
to
insure
compliance.

(
ii)
The
section
13
rule
requires
importers
of
chemicals
not
subject
to
TSCA
(
e.
g.,
pesticides)
to
certify
that
compliance
with
TSCA
is
not
required.
Importers
must
certify
this
by
signing
the
statement:
"
I
certify
that
all
chemicals
in
this
shipment
are
not
subject
to
TSCA."
This
is
appropriate
when
a
chemical
import
is
not
clearly
identified
as
a
pesticide
or
other
chemical
not
subject
to
TSCA.

(
3)
The
United
States
is
involved
in
a
major
effort
toward
international
harmonization
in
the
control
of
chemicals.
At
such
time
as
international
agreement
is
reached
on
this
issue,
EPA
would
be
prepared
to
modify
its
policy
if
necessary.
EPA
believes
that
its
international
harmonization
efforts
in
the
control
of
chemicals
will
protect
health
and
the
environment
while
fulfilling
its
obligations
under
the
Trade
Agreements
Act
of
1979.

(
c)
The
section
13
rule
­­
(
1)
General
certification.
(
i)
The
rule
promulgated
under
section
13
of
TSCA
by
Customs,
in
consultation
with
EPA,
implements
the
requirement
of
section
13
that
chemical
substances,
mixtures,
or
articles
not
in
compliance
with
TSCA,
or
whose
importation
is
not
in
compliance
with
TSCA,
shall
be
denied
entry
into
the
customs
territory
of
the
United
States.
The
rule
requires
that
importers
certify
by
a
statement,
on
the
entry
document
or
invoice,
that
any
shipment
of
a
chemical
substance
subject
to
TSCA,
imported
in
bulk
or
as
part
of
a
mixture,
complies
with
TSCA,
and
that
it
is
not
offered
for
entry
in
violation
of
TSCA
or
any
rule
or
order
under
TSCA,
or
that
the
chemicals
imported
are
not
subject
to
TSCA.

(
ii)
The
certification
applies
to
TSCA
sections
5,
6,
and
7.

(
iii)
EPA
expects
that
this
certification
will
be
based
upon
actual
knowledge
of
the
importer
in
most
cases.
However,
EPA
realizes
that
sometimes
importers
may
not
have
actual
knowledge
of
the
chemical
composition
of
imported
mixtures.
In
these
cases,
the
importer
should
attempt
to
discover
the
chemical
constituents
of
the
shipment
by
contacting
another
party
to
the
transaction
(
e.
g.,
his
principal
or
the
foreign
manufacturer).
This
person
may
be
able
to
identify
the
components
of
the
mixture,
or
at
least
state
that
the
substances
comply
with
TSCA.
The
greater
the
effort
an
importer
makes
to
learn
the
identities
of
the
imported
substances
and
their
compliance
with
TSCA,
the
smaller
his
chance
of
committing
a
violation
by
importing
a
noncomplying
shipment.
If
a
shipment
is
ultimately
determined
to
have
violated
TSCA,
the
good
faith
efforts
of
the
importer
to
verify
compliance,
as
evidenced
by
documents
contained
in
his
files,
may
obviate
or
mitigate
the
assessment
of
a
civil
penalty
under
section
16
of
TSCA.

(
2)
EPA
enforcement.
(
i)
EPA
and
Customs
will
monitor
chemical
imports
to
determine
if
shipments
and
their
import
comply
with
the
certification
requirements
and
the
substantive
mandates
of
TSCA.
Customs
will
refuse
entry
to
any
shipment
until
such
time
as
the
certification
is
properly
submitted.
Customs
will
also
detain
a
shipment
if
there
are
reasonable
grounds
to
believe
that
such
shipment
or
its
import
violates
TSCA
or
regulations
or
orders
thereunder.
A
violative
shipment
must
either
be
brought
into
compliance,
exported,
destroyed,
or
voluntarily
abandoned
within
the
time
periods
prescribed
in
19
CFR
12.124
of
the
section
13
rule.

(
ii)
When
EPA
determines
that
a
shipment
should
be
detained,
EPA
will
identify
the
reasons
for
the
detention
and
the
necessary
actions
for
an
importer
to
bring
the
shipment
into
compliance
with
TSCA.
If
EPA
has
given
this
information
to
Customs
before
the
district
director
issues
the
detention
notice,
the
information
will
become
part
of
the
detention
notice.
The
importer
should
contact
one
of
the
following
EPA
regional
offices
for
guidance
as
to
the
proper
procedures
to
correct
any
deficiencies
in
the
shipment.

Region
I
­
John
F.
Kennedy
Federal
Building,
Boston,
MA
02203
(
617­
223­
0586)

Region
II
­
26
Federal
Plaza,
New
York,
NY
10278
(
201­
321­
6669)

Region
III
­
Curtis
Building,
6th
and
Walnut
Streets,
Philadelphia,
PA
19106
(
215­
597­
7668)

Region
IV
­
345
Courtland
Street,
NE.,
Atlanta,
GA
30365
(
404­
881­
3864)

Region
V
­
77
West
Jackson
Boulevard,
Chicago,
IL
60604
(
312­
353­
2291)

Region
VI
­
1201
Elm
Street,
Dallas,
TX
75270
(
214­
767­
2734)

Region
VII
­
324
East
11th
Street,
Kansas
City,
MO
64106
(
816­
374­
3036)

Region
VIII
­
1860
Lincoln
Street,
Denver,
CO
80295
(
303­
837­
3926)

Region
IX
­
215
Fremont
Street,
San
Francisco,
CA
94105
(
415­
974­
8119)

Region
X
­
1200
Sixth
Avenue,
Seattle,
WA
98101
(
206­
442­
2871)

(
iii)
If
Customs
detains
or
refuses
entry
of
a
shipment
(
other
than
for
failure
to
make
the
general
certification)
and
the
importer
takes
measures
necessary
to
bring
the
shipment
into
conformity
with
the
requirements
of
TSCA,
EPA
officials
will
reassess
the
shipment
to
determine
its
current
compliance
status.
When
a
shipment
is
no
longer
in
violation,
EPA
will
notify
the
district
director
and
the
importer.
The
district
director
will
then
release
the
shipment.
This
notice
will
also
serve
as
a
determination
to
permit
entry
under
19
CFR
12.123(
c)
if
a
shipment
is
brought
into
compliance
before
the
19
CFR
12.123(
c)
decision­
making
process
has
been
completed.
If
compliance
is
achieved
after
a
19
CFR
12.123(
c)
determination
(
adverse
to
the
importer)
has
been
made,
the
EPA
notice
to
the
district
director
will
serve
as
a
reversal
of
the
decision
to
refuse
entry.

(
3)
EPA
assistance.
Assistance
in
determining
whether
a
chemical
shipment
is
in
compliance
with
TSCA
can
be
obtained
from
the
Director,
Environmental
Assistance
Division
(
7408),
Office
of
Pollution
Prevention
and
Toxics,
U.
S.
Environmental
Protection
Agency,
Room
E­
543B,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460,
Telephone:
(
202)
554­
1404,
TDD:
(
202)
544­
0551.

[
48
FR
55464,
Dec.
13,
1983,
as
amended
at
60
FR
34463,
July
3,
1995;
62
FR
1834,
Jan.
14,
1997]

§
707.60
Applicability
and
compliance.

(
a)
Section
12(
b)
of
the
Toxic
Substances
Control
Act
requires
any
person
who
exports
or
intends
to
export
a
chemical
substance
or
mixture
to
notify
the
Environmental
Protection
Agency
of
such
exportation
to
a
particular
country
if
any
of
the
following
actions
have
been
taken
under
the
Act
with
respect
to
that
chemical
substance
or
mixture:

(
1)
Data
are
required
under
section
4
or
5(
b),

(
2)
An
order
has
been
issued
under
section
5,

(
3)
A
rule
has
been
proposed
or
promulgated
under
section
5
or
6,
or
(
4)
An
action
is
pending,
or
relief
has
been
granted
under
section
5
or
7.

(
b)
No
notice
of
export
will
be
required
for
articles,
except
PCB
articles,
unless
the
Agency
so
requires
in
the
context
of
individual
section
5,
6,
or
7
actions.

(
c)
Any
person
who
exports
or
intends
to
export
polychlorinated
biphenyls
(
PCBs)
or
PCB
articles,
for
any
purpose
other
than
disposal,
shall
notify
EPA
of
such
intent
or
exportation
under
section
12(
b).
PCBs
and
PCB
articles
have
the
definitions
published
in
§
761.3
of
this
title
respectively.

(
d)
Any
person
who
would
be
prohibited
by
a
section
5
or
6
regulation
from
exporting
a
chemical
substance
or
mixture,
but
who
is
granted
an
exemption
by
EPA
to
export
that
chemical
substance
or
mixture,
shall
notify
EPA
under
section
12(
b)
of
such
intent
to
export
or
exportation.

(
e)
Failure
to
comply
with
section
12(
b)
as
set
forth
in
these
rules
will
be
considered
a
violation
of
section
15(
3)
of
the
Toxic
Substances
Control
Act,
and
will
subject
the
exporter
to
the
penalty,
enforcement,
and
seizure
provisions
of
sections
16
and
17
of
the
Toxic
Substances
Control
Act.

§
707.63
Definitions.

The
definitions
set
forth
in
the
Toxic
Substances
Control
Act,
section
3,
apply
for
this
part.
In
addition,
the
following
abbreviations
and
definitions
are
provided
for
purposes
of
this
rule:

(
a)
EPA
means
the
Environmental
Protection
Agency.

(
b)
Exporter
means
the
person
who,
as
the
principal
party
in
interest
in
the
export
transaction,
has
the
power
and
responsibility
for
determining
and
controlling
the
sending
of
the
chemical
substance
or
mixture
to
a
destination
out
of
the
customs
territory
of
the
United
States.

(
c)
Regulated
chemical
means
any
chemical
substance
or
mixture
for
which
export
notice
is
required
under
§
707.60.

(
d)
TSCA
means
the
Toxic
Substances
Control
Act.

§
707.65
Submission
to
agency.

(
a)
Exporters
must
notify
EPA
of
their
export
or
intended
export
of
each
regulated
chemical
in
accordance
with
the
following:

(
1)
The
notice
must
be
in
writing;

(
2)(
i)
The
notice
must
be
for
the
first
export
or
intended
export
to
a
particular
country
in
a
calendar
year
when
data
are
required
under
section
5(
b),
an
order
has
been
issued
under
section
5,
a
rule
has
been
proposed
or
promulgated
under
section
5
or
6,
or
an
action
is
pending
or
relief
has
been
granted
under
section
5
or
7.

(
ii)
The
notice
must
be
for
the
first
export
or
intended
export
to
a
particular
country
when
data
are
required
under
section
4.

(
3)
The
notice
must
be
postmarked
within
seven
days
of
forming
the
intent
to
export
or
on
the
date
of
export,
whichever
is
earlier.
A
notice
of
intent
to
export
must
be
based
on
a
definite
contractual
obligation,
or
an
equivalent
intra­
company
agreement,
to
export
the
regulated
chemical.

(
b)
If
the
EPA
action
that
prompts
the
notice
is
a
proposed
rule,
the
requirement
to
submit
export
notices
to
EPA
shall
begin
thirty
days
after
publication
of
the
action
in
the
Federal
Register.

(
c)
Notices
shall
be
marked
"
Section
12(
b)
Notice"
and
sent
to
the
Document
Control
Office
(
7407),
Office
of
Pollution
Prevention
and
Toxics,
U.
S.
Environmental
Protection
Agency,
Room
G­
099,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460.

[
45
FR
82850,
Dec.
16,
1980,
as
amended
at
53
FR
12522,
Apr.
15,
1988;
58
FR
40242,
July
27,
1993;
60
FR
34463,
July
3,
1995]

§
707.67
Contents
of
notice.

The
notice
to
EPA
shall
include:

(
a)
The
name
of
the
regulated
chemical
as
it
appears
in
the
section
4,
5,
6,
or
7
action.
If
a
category
is
regulated,
the
name
of
the
individual
regulated
chemical
within
that
category,
as
well
as
the
category,
must
be
given.
The
name
shall
be
that
which
appears
in
Volume
I
of
the
EPA
Chemical
Substance
Inventory,
or
its
supplements,
if
the
chemical
appears
there.

(
b)
The
name
and
address
of
the
exporter.

(
c)
The
country
(
countries)
of
import.

(
d)
The
date(
s)
of
export
or
intended
export.

(
e)
The
section
(
4,
5,
6,
or
7)
of
TSCA
under
which
EPA
has
taken
action.

§
707.70
EPA
notice
to
foreign
governments.
(
a)(
1)
Notice
by
EPA
to
the
importing
country
shall
be
sent
no
later
than
5
working
days
after
receipt
by
the
TSCA
Document
Processing
Center
of
the
first
annual
notification
for
each
regulated
chemical
when
data
are
required
under
section
5(
b),
an
order
has
been
issued
under
section
5,
a
rule
has
been
proposed
or
promulgated
under
section
5
or
6,
or
an
action
is
pending
or
relief
has
been
granted
under
section
5
or
7.

(
2)
Notice
by
EPA
to
the
importing
country
shall
be
sent
no
later
than
5
working
days
after
receipt
by
the
TSCA
Document
Processing
Center
of
the
first
notification
for
each
regulated
chemical
when
data
are
required
under
section
4.

(
b)
Notices
shall:

(
1)
Identify
the
regulated
chemical.

(
2)
Summarize
the
regulatory
action
taken,
or
indicate
the
availability
of
data
under
section
4
or
5(
b)
of
TSCA.

(
3)
Identify
an
EPA
official
to
contact
for
further
information.

(
4)
Include
a
copy
of
the
pertinent
Federal
Register
notice.

(
c)
Notices
shall
be
sent
to
the
country's
ambassador
in
Washington,
DC,
or
other
official
designated
by
the
foreign
government,
and
to
the
United
States
Department
of
State.

[
45
FR
82850,
Dec.
16,
1980,
as
amended
at
58
FR
40242,
July
27,
1993]

§
707.72
Termination
of
reporting
requirements.

(
a)
The
reporting
requirements
of
subpart
D
of
this
part
are
terminated
for
certain
specific
chemical
substances
and
mixtures
as
set
forth
in
this
paragraph.

(
1)
When
data
required
under
part
766
of
this
chapter
have
been
submitted
to
EPA
for
a
specific
chemical
substance
produced
by
a
specific
process,
and
the
data
show
no
positive
test
result
as
defined
in
§
766.3
of
this
chapter,
reporting
is
no
longer
required
by
persons
who
export
or
intend
to
export
that
substance
produced
by
that
process.

(
2)
[
Reserved]

(
b)
[
Reserved]

[
52
FR
21437,
June
5,
1987]

§
707.75
Confidentiality.

(
a)
A
person
may
assert
a
claim
of
confidentiality
for
any
information
which
is
submitted
to
EPA
in
a
notice.

(
b)
Any
claim
of
confidentiality
must
accompany
the
information
at
the
time
it
is
submitted
to
EPA.
In
the
notice,
the
submitter
must
clearly
identify
the
information
that
is
claimed
confidential
by
marking
the
specific
information
on
each
page
with
a
label
such
as
"
confidential
business
information",
"
proprietary",
or
"
trade
secret".

(
c)
Notwithstanding
any
claim
of
confidentiality,
information
outlined
in
§
707.70
will
be
included
in
the
EPA
notice
to
the
foreign
government.
With
this
exception,
EPA
will
disclose
information
that
is
covered
by
a
claim
of
confidentiality
asserted
in
accordance
with
this
section
only
to
the
extent
permitted
by,
and
in
accordance
with,
the
procedures
set
forth
in
TSCA
and
part
2
of
this
chapter.

(
d)
If
a
person
does
not
assert
a
claim
of
confidentiality
for
information
at
the
time
a
notice
is
submitted
to
EPA,
the
Agency
may
make
the
information
public,
including
placement
in
a
public
file,
without
further
notice
to
the
person.
ATTACHMENT
3
Status
Report
under
the
Terms
of
Clearance
for
the
EPA
ICR
entitled
"
Notification
of
Chemical
Exports
under
TSCA
Section12(
b)"
(
EPA
ICR
No.
0795.11;
OMB
Control
No.
2070­
0030)
August
31,
2004
[
The
availability
of
this
attachment
is
pending]
